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[Snoopy]

In an interesting turn of events, 3ABN and DS have decided to try to halt the freight train they put in motion almost 18 months ago.  As of today, four documents have been filed with the US District Court in Massachusetts related to the plaintiffs request for the case be dismissed and asking for the return of documents.

[Snoopy]

Attached is the Plaintiffs Memorandum in Support of the Voluntary Motion to Dismiss.

[Snoopy]

From page 2 of the Plaintiffs Memorandum in Support of the Voluntary Motion to Dismiss:

*********************************************************************

Count I and Count II sought an order shutting down two internet web sites owned and operated by the Defendants.
The registered owner of the web sites was Defendant Joy. (Id. ¶ 3). Mr. Joy filed for
bankruptcy protection on August 14, 2007. (The automatic stay on collection activity was
subsequently lifted). On February 12, 2008, 3ABN purchased the infringing website
domain names from the bankruptcy trustee. (Id.). The websites immediately ceased
operations. (Id.) Therefore, the relief sought in the complaint with respect to Counts I
and II was obtained in the course of the bankruptcy proceeding

*********************************************************************

What is conveniently left out of that declaration is that while the site www.save3abn.com was indeed shut down,  all that happened was that a hyphen was thrown in and the site revived as www.save-3abn.com along with many other similar sites!!  So, exactly what "relief sought...was obtained"??




Edited to correct typo

[Snoopy]

What is also interesting is the desparate attempt to keep the Remnant documents hidden.  According to the reasoning here, the plaintiffs argue that Gailon and Bob don't have the right to hire experts!!

***********************************************************************

On another occasion, also shortly after
receipt of the Remnant documents, Mr. Joy wrote:

Those documents, and all other documents, are not subject to any
“seal” per order of the court. YUP, old boy, they came right to my
desk and are still at my right hand until they are prepared for the
“experts”. Those and the bank statements and now the audit of the
auditor will all be in the hands of experts in time!!!

(Id. Ex. 3B) Thus, the threat that the Defendants may reveal the contents of
confidential information is not merely an idle possibility. Mr. Joy is doing it
already.

[Snoopy]

Attached is Dr. Walt Thompson's Affidavit in Support of the Voluntary Motion to Dismiss.

[ex3abnemployee]

In true Danny form, he's trying to make it appear that he "won."

[Snoopy]

The file containing Attorney Simpson's Affidavit in Support of the Voluntary Motion to Dismiss is too big to post here.  So I have copied the text of the actual affidavit without the exhibits.


***************************************************************

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Three Angels Broadcasting Network, Inc.,
an Illinois non-profit corporation, and
Danny Lee Shelton, individually, Case No. 07-40098-FDS
Plaintiffs,
v.
Gailon Arthur Joy and Robert Pickle,
Defendants.

AFFIDAVIT OF M. GREGORY SIMPSON
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )

M. Gregory Simpson, being first duly sworn upon oath, deposes and states
as follows:

1. I am an attorney licensed in the State of Minnesota and admitted pro hac
vice to the United States District Court, District of Massachusetts, where I am one
of the attorneys representing Plaintiffs in the above-captioned action. I make this
affidavit based upon my knowledge and information.

2. Plaintiffs commenced the above-captioned lawsuit on or about April 5,
2007. The case is in the document discovery phase. No depositions have been
Case 4:07-cv-40098-FDS Document 122 Filed 10/23/2008 Page 1 of 4
taken, nor have any dispositive motions been filed or served. The parties recently
stipulated to an order extending discovery and unexpired deadlines by 90 days.

3. On August 14, 2007, Gailon Arthur Joy filed for bankruptcy in the United
States Bankruptcy Court for the District of Massachusetts, Case No. 07-43128-
JBR. The bankruptcy court order lifting the automatic stay required 3ABN to give
up its right to seek damages against Mr. Joy for prepetition actions. A true and
correct copy of the bankruptcy court order is attached hereto as Exhibit 1.

4. Based on court filings by Defendant Robert Pickle seeking relief from the
requirement to appear in person on the basis of hardship, among other things, it
appears that he is a man of modest means who would be unable to pay any
substantial award of damages. True and correct copies of two such filings by Mr.
Pickle are attached as Exhibit 2.

5. Attached hereto as Exhibit 3A and 3AB are two internet postings made by
Gailon Arthur Joy that refer to what we believe can only be Confidential
documents produced in this litigation.

FURTHER YOUR AFFIANT SAYETH NOT.

Dated: October 23, 2008
s/M. Gregory Simpson
M. Gregory Simpson

Subscribed and sworn to me
this 23rd day of October, 2008.
s/ Amy Jo Ditty
Notary Public
My Commission Expires: January 31, 2010

[Wendall]

It appears they decided the evidence wasn't their as has been contended on this website. The significance may be that they want out at such an early date. What! Create all this havoc and hope the issues die without accountabiity. If the motion is granted then the question maybe do the plaintiffs soon become the defendants and the defendants the plaintiffs at a later date.  The issues still need to be resoloved as they appear to me, an outsider, to be escalating. 

[Fair Havens]

What is the strategy here? Damage(s) control? What was the amount in relief being thrown about by Gailon? er.. three mil? Is it possible that Gailon's sleuths are on track to discover those off shore accounts? With amounts salted away that may well sustain a demand for a much larger settlement than three mil?

Is it as Gailon and Bob,of course, have insisted ad infinitum that the preponderance of the evidence that they have amassed will bury DS and reveal to the universe the REAL DS!?

What's going on here?   Hey DS/3ABN defenders, Sirs, Ladies , I await your usual level headed analysis of this stunning development.

[Snoopy]

I'd be willing to bet the stunning developments have only just begun.

[Snoopy]

It looks to me like the judge in yesterday's hearing is convinced that the audit workpapers are indeed relevant to Bob and Gailon's defense.

[Snoopy]

And just to make sure none of them disappear...

[Gailon Arthur Joy]

3ABN has reserved the right to litigate yet another day..that does not constitute an acceptable "final solution" to the subject litigation. However, the affidavitts and the discovery to date and Motion to Dismiss provide sufficient fodder that regardless whether the subject claim continues, or the claim is dismissed, there is a fully ripe claim that has developed all the elements for either a counterclaim or a seperate action against Lawyers and Plaintiffs for misuse of process. Same issues, same discovery process, same court-room, but we just change position from Defendant to Plaintiff.

Of course there are other claims as well and anyone wanting to joinder for good cause will be quite welcome.

And I noticed we had a post regarding the tracking of assetts.  We have indeed spoken to an expert in this field with US Treasury Dept Experience. With all the money that has been taken without authority from 3ABN
 via various methods over the years, one must assume it was impossible to spend it on a modest Southern Illinois Lifestyle and by an expert at utilizing OPM to have the most elementary issues resolved, such as divorce buyout money from the division of the house. There are a host of other incidents that demonstrate that Danny has utilized his knowledge of the SDA philanthropics to eliminate personal financial burdens.

I believe Yogi is known for the classic statement: It ain't ovah til it's ovah!!!

It ain't over!!!

Gailon Arthur Joy

[princessdi]

So, can somebody tell me in the Reader's Digest version exactly what this means?   Is the lawsuit over?

[sonshineonme]

So, can somebody tell me in the Reader's Digest version exactly what this means?   Is the lawsuit over?

In a word,

NO